Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES July 3, 2007 MEMBERS PRESENT Mr. Stires explained the petitioners are requesting to dismiss this petitioner, which Connie Klungness, Chairperson; Harold was for a variance for a shed. If the dismissal Smith, Vice Chairperson; Rudy Williams, Paul is approved, the petitioner can file again at a O’Neill and Michelle Weatherspoon. later date. MEMBERS ABSENT Mr. Williams moved to approve the dismissal for Petitioner #6-07. Mr. Smith seconded. The None motion passed unanimously, 5 yes, 0 no. OTHERS PRESENT PETITION #5-07 SUBMITTED BY KAREN A. BEECHBOARD FOR A SPECIAL Michael Widing, Development Director EXCEPTION FOR A MANUFACTURED Tim Stires, Assistant Development Director HOME LOCATED AT 6542 PARK ROAD. Dave Wilbur, Zoning Administrator Amy Rhodes, Board Secretary; and Mr. Stires explained the property contains 15 William C. Kreegar, Assistant City Attorney acres, is for the most part vacant ground with some mature trees, and is located in the 6500 ROLL CALL AND DECLARATION OF A block of Park Road. The site plan shows the QUORUM placement of 28 ft. by 60 ft. by 12 ½ ft. high manufactured home on the southwest Ms. Klungness called the meeting to order at quadrant of the property. The home will have 4:36 p.m. Ms. Rhodes took roll call and satisfactory setbacks and consists of 1380 sq. declared a quorum with five (5) members in ft. with an 8 ft. covered porch on the south attendance. side of the home. The house will have a 5 / 12 pitch. A satisfactory landscaping plan has Mr. Williams performed the invocation and been filed showing a line of Boxwood shrubs in the Pledge of Allegiance was recited. front of the home and additional shrubs by the street, in addition to Maple and White Pine MINUTES trees on the property. Access to the property is by a 10 ft. wide stone driveway, which widens Mr. Williams moved to approve the February to a 30 ft. square parking area in front of the 7, 2007 minutes as received. Ms. home. The petitioner is requesting two (2) Weatherspoon seconded. Motion passed waivers from the Board’s Design Standards unanimously; 5 yes, 0 no. for cross access and sidewalks. These waivers are typical of residential properties. The BUSINESS petitioner does not wish for cars from neighboring properties to have access to their PETITION #6-07 SUBMITTED BY JOHN property, neither is there any existing AND LARETTA GARDNER FOR A sidewalks within a few miles of the property. VARIANCE FORM THE PLACEMENT OF Staff is recommending approval of the special A DETACHED ACCESSORY BUILDING exception for this manufactured home, (SHED) IN FRONT OF THE REAR because it does meet the compatibility BUILDING LINE OF THE PRINCIPAL standards and exceeds the minimum setback BUILDING (HOUSE) LOCATED AT 1725 requirements. Staff also agrees the waivers SOUTH MADISON AVENUE. from cross access and sidewalks should be allowed, because this is a residential property. 1 Mr. Stires ended by introducing the petitioner, Ms. Klungness inquired if there are any Karen Beechboard. drainage problems with the property and what the utilities would be. Karen Beechboard, 3206 West 67th Street, explained this is her property but the home is Mr. Beechboard answered there were no for her son who will be living there. drainage problems and the utilities are well and septic. Ms. Klungness asked if there was any future plans for covering the driveway. Ms. Klungness asked if there were any remonstrants who would like to raise Michael Beechboard, 425 North 500 East Lot questions for or against the petition. 101, explained the driveway would eventually be asphalted. Ed Presley, 6430 Park Road, stated his concern of the decrease in property value due Ms. Klungness asked if any other future to the placement of the manufactured home. development was planned for the property, or He stated a realtor told him a manufactured if the single home was to be placed there. home would definitely affect the value of neighboring property. Mr. Beechboard explained the remaining acreage was farmland. Ms. Klungness agreed that the appearance of manufactured homes are always a concern of Cheryl Cravens, 425 North 500 East Lot 101, the Board, which is why when they are introduced herself as Mr. Beechboard’s addressed the Board suggested ways in girlfriend who would be on the property in the making them look more like stick built homes. home as well. Nevertheless, there are State laws and statutes the Board must adhere to which Ms. Klungness suggested that landscaping allow manufactured homes. The Board is would enhance the appearance of the home unable to consider loss of property value a and property. viable reason for denying a manufactured home, without proper documentation or proof Mr. Beechboard explained mature trees of support. already existed on the property. Mr. Kreegar explained the Board has wrestled Mr. Williams suggested that placing an with the issues concerning manufactured awning over the front door would make the homes many times. In some instances, the outside of the home more appealing. value and quality of manufacturing homes exceeds that of stick built homes. Ms. Klungness further suggested the roof pitch could be brought out to make a covered Mr. Williams further explained even with porch. expert testimony from realtors and appraisers, there has not been a clear Mr. Stires interjected the petitioner has consensus as to whether a manufacturing plenty of front yard setback. home will devalue the surrounding property or not. Mr. Williams asked if this manufactured home was affordable housing for them and if it Mr. Widing stated the only expert testimony would benefit the surrounding property. that could be accepted in this situation would be that of an appraiser. The appraiser would Mr. Beechboard replied yes, it was affordable need to appraise the remonstrant’s home and and it would not cause any negative effect to appraise the proposed development, then the area. appraise a potential devaluation of the remonstrant’s home. But it is unlikely that an appraiser is willing to do that. In the past, 2 realtors and appraisers have been unwilling to Mr. Smith rebutted that in his experience of come before the Board. subdivisions, this manufactured home was preferable to a clone vinyl home. Mr. Widing continued to explain, the purpose of the special exception is not to deny the Ms. Klungness reiterated there are degrees of placement of a manufacturing home, but to both manufactured homes and stick built assure it fits the character of the homes. neighborhood (i.e. single family home) and to allow the neighborhood to review the After a short discussion concerning the value development plans and have suggestive input. and affect of manufactured homes, Ms. Klungness informed the Board a motion is in Mr. Presley asked since the property is 15 order. acres, if the home could be placed at a different location on the property. Mr. Williams moved to approve Petition #5-07, and two waivers (sidewalks and cross access) Mr. Beechboard responded the septic and well based on the following findings of facts: the is located in the spot chosen to place the home. proposed special exception is in a proper zone He further explained this manufactured home district; the requirements of Figure 9 have has 2 in. by 6 in. exterior frame walls. been met and variances have been granted; the proposed special exception will serve a Mr. Presley asked what the ordinance states public need and convenience, by allowing about manufactured homes. applicant affordable housing; the proposed special exception will not permanently injure Mr. Kreegar explained the ordinance permits the appropriate use of the surrounding the placement of manufactured homes by properties, because land is vacant; and the special exception. proposed special exception is consistent with the spirit, intent and purpose of the zoning Mr. Presley then asked what qualified as a ordinance. Mrs. Weatherspoon seconded. The special exception. motion was passed unanimously; 5 yes, 0 no. Mr. Kreegar stated a special exception is the MISCELLANEOUS determination that it is an appropriate use, it is in the proper zone district, and meets all None the building code requirements. In the instance of a subdivision with restrictions to ADJOURNMENT size, manner of construction, exterior surface, and like characteristics, then the A motion was made for adjournment and manufactured home would be subject to those seconded. Meeting adjourned at 5:16 p.m. requirements. Mr. Widing further explained, after a special BY: ________________________________ exception is granted that permits must be Connie Klungness, Chairperson issued and inspections passed to make improvements. ATTEST: ______________________________ Bill Hasten, 105 Emerson Road, stated this Amy Rhodes, Board Secretary property did not affect him, but his experience as a carpenter has been that a framed home and a manufactured home of the same cost is not of the same value, because the materials are not of the same quality. 3